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HomeMy WebLinkAbout1.0 Application1 David Pesnichak From:David Miller <crossroads@sopris.net> Sent:Wednesday, October 19, 2016 11:53 AM To:David Pesnichak Subject:Re: Gilead Gardens Lot 3 David, This email is to authorize you to include the referenced list of property owners to the application. Warm Regards, David Miller, Area Manager Cell: 970.404.7086 On Oct 19, 2016, at 10:13 AM, David Pesnichak <dpesnichak@garfield-county.com> wrote: Hi David,     Thanks for coming in this morning. Attached is an updated list of Adjacent Property Owners within 200’  of Lot 3 of Gilead Gardens which was obtained from the Garfield County website. As we discussed, I  recommend that you use this list for public notices for your application. If you wish you use this list, I will  need an email from you authorizing me to include this list with your application.     Once the application is Complete, I will send you the Directors Determination date and public notice  form to send out to the adjacent property owners and mineral owners. This notice will need to be sent  to addresses identified within the application and will be explained in the scheduling letter.     Thanks,    Dave     David Pesnichak, AICP  Senior Planner     Garfield County  Community Development Department  108 8th St Suite 401  Glenwood Springs, CO 81601  (970) 945‐8212  dpesnichak@garfield‐county.com  http://www.garfield‐county.com/community‐development/     <image001.png>     <Gilead Gardens Lot 3 - Adj Prop List - 10-19-16.pdf> Garfield County, Colorado Printed: 9/15/2016 at 3:56:29 PM DisclaimerThis is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing isto be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. Garfield County Land Explorer Copyright Garfield County, Colorado | All Rights Reserved© Garfield County Land Explorer ¬1 inch = 674 feet 1 inch = 0.13 miles 0 0.15 0.30.075 Miles Garfield County ColoradoGarfield County Coloradowww.garfield-county.com Garfield County Printed by Web User Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 218107203002 Not available NEW CASTLE MILLER, DAVID J & RENEE T TRUSTEES A BBD TRUST, A TRUST R044630 1577 COUNTY ROAD 335 NEW CASTLE, CO 81647-9638 218107203008 Not available NEW CASTLE LEWIS, ANN D REVOCABLE TRUST R044636 0401 COUNTY ROAD 149B GLENWOOD SPRINGS, CO 81601 218107203009 Not available NEW CASTLE BBD TRUST, A TRUST, MILLER, DAVID J & RENEE T TRUSTEES R044637 1577 COUNTY ROAD 335 NEW CASTLE, CO 81647-9638 218107300235 1238 335 COUNTY RD NEW CASTLE WARD, KENNETH & CLAUDIA R230947 1238 COUNTY ROAD 335 NEW CASTLE, CO 81647 218107302001 456 MID VALLEY DR NEW CASTLE EAST ACRES DUBOIS LLC R023249 PO BOX 783 NEW CASTLE, CO 81647 218107303003 Not available NEW CASTLE MILLER, DAVID J & RENEE T TRUSTEES A BBD TRUST, A TRUST R044631 1577 COUNTY ROAD 335 NEW CASTLE, CO 81647-9638 218107303004 Not available NEW CASTLE MILLER, DAVID J & RENEE T TRUSTEES A BBD TRUST, A TRUST R044632 1577 COUNTY ROAD 335 NEW CASTLE, CO 81647-9638 218107303006 Not available NEW CASTLE MILLER, DAVID J & RENEE T TRUSTEES A BBD TRUST, A TRUST R044634 1577 COUNTY ROAD 335 NEW CASTLE, CO 81647-9638 218107303007 Not available NEW CASTLE ANN D LEWIS REVOCABLE TRUST R044635 0401 ROAD 149B GLENWOOD SPRINGS, CO 81601 ROW Not available null ROW Not available null Mineral Rights Owners for Gilead Gardens David J. Miller and Renee T. Miller or BBD Trust, A Trust 1577 County Road 335 New Castle, CO 81647 Leno B. Montover 1914 County Road 311 New Castle, CO 81647 Frank J. Montover PO Box 302 Silt, CO 81652 C O M M I T M E N T f o r T I T L E I N S U R A N C E issued by as agent for WESTCOR LAND TITLE INSURANCE COMPANY Reference: Commitment Number: 0600590-C Commitment Ordered By: Other Inquiries should be directed to: Mary Scheurich Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 email: MScheurich@titlecorockies.com Reference Property Address: TBD Gilead Gardens, New Castle, CO 81647 SCHEDULE A 1. Effective Date: September 16, 2016, 7:00 am Issue Date: September 27, 2016 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Premium: Proposed Insured: A Buyer To Be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: David J. Miller and Renee Miller, in joint tenancy 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: Lot 3, GILEAD GARDENS, according to the Plat thereof filed January 14, 2007 at Reception No. 733191. Commitment No. 0600590-C Schedule B-I Requirements Alta Commitment - 2006 Schedule B-I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 2. Certificate of Satisfaction issued by the Clerk of the Court, of Judgment in favor of Portfolio Recovery Associates, LLC, against David J. Miller, in the amount of $19,218.07 plus court costs, entered on September 16, 2013, in Civil Action No. 13CV-000173, District Court in and for Garfield County, Colorado, transcript of which was recorded October 8, 2013 at reception no. 841647. 3. Partial Release by the Public Trustee of Garfield County releasing subject property from the lien of the Deed of Trust from David Miller and Renee Miller and David Miller and Renee Miller as Trustees of the BBD Trust for the use of Alpine Bank New Castle, to secure $431,000.00, dated October 21, 2011, and recorded December 20, 2011 at Reception No. 812253. 4. Deed from David J. Miller and Renee Miller, in joint tenancy to A Buyer To Be Determined. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288- CRA 39-14-102. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Commitment No. 0600590-C Schedule B-II Exceptions Alta Commitment - 2006 Schedule B-II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 31, 1927 at Reception No. 97911. 8. Oil and Gas Lease between Joe Montover and William B. Collister, recorded October 6, 1956 in Book 295 at Page 418 and any and all assignments or interests therein. 9. An undivided one-half (1/2) interest in oil, gas and other mineral rights, as reserved by Frank J. Montover and leno B. Montover in the Deed to Donald K. Goldman and Edith Ann Goldman , recorded April 30, 1973 in book 443 at Page 516, and any and all assignments thereof or interests therein. 10. Oil and Gas Lease between Donald K. Goldman and Edith Ann Goldman and Maguire Oil Company, recorded March 13, 1974 in Book 456 at Page 458 and any and all assignments or interests therein. 11. Terms, agreements, provisions, conditions and obligations as contained in Agreement recorded April 12, 1979 in Book 525 at Page 906. 12. Oil and Gas Lease between Milton Warren McPherson and Geraldine McPherson and Snyder Oil Company, recorded February 27, 1981 in Book 566 at Page 408 and any and all assignments or interests therein. 13. Oil and Gas Lease between Milton Warren McPherson and Transcontinent Oil Company, recorded April 30, 1990 in Book 777 at Page 953 and any and all assignments or interests therein. Commitment No. 0600590-C Schedule B-II Exceptions (continued) Alta Commitment - 2006 Schedule B-II Exceptions (continued) 14. Terms, agreements, provisions, conditions and obligations as contained in Boundary Line Adjustment recorded January 23, 2001 at Reception No. 575239. 15. Terms, agreements, provisions, conditions and obligations as contained in Boundary Line Adjustment recorded January 23, 2001 at Reception No. 575241. 16. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 2003-89 recorded November 5, 2003 at Reception No. 640194. 17. Terms, agreements, provisions, conditions and obligations as contained in Trench, Conduit and Vault Agreement recorded July 5, 2007 at Reception No. 727250. 18. Easements, rights of way and all other matters as shown on the Plat of Gilead Gardens, filed January 14, 2007 at Reception No. 733191. 19. Terms, agreements, provisions, conditions and obligations as contained in Easement Deed recorded September 14, 2007 at Reception No. 733192. 20. Terms, agreements, provisions, conditions and obligations as contained in Irrigation Ditch Easement Deed recorded September 14, 2007 at Reception No. 733193. 21. Terms, agreements, provisions, conditions and obligations as contained in Subdivision Improvements Agreement recorded January 14, 2007 at Reception No. 733194. 22. Terms, agreements, provisions, conditions and obligations as contained in Application and Permit recorded January 14, 2007 at Reception No. 733195. 23. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded January 14, 2007 at Reception No. 733196. 24. Easement and right of way for electric transmission and distribution line purposes, as granted by BBD Trust, David J. Miller and Renee T. Miller to Holy Cross Energy, by instrument recorded October 21, 2008 at Reception No. 757585, said easement being more particularly described therein. Commitment No. 0600590-C Disclosure Statements DISCLOSURE STATEMENTS Disclosure Statements Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity’s written notice delivered to the parties, title entity shall return the funds to the depositing party.” TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES $0.00 $0.00 $375.00 $25.00 $370.00 $770.00